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Aftermarket Clears Another Hurdle in OBD II Battle

1 September 2000

Aftermarket Clears Another Hurdle in OBD II Battle

                   California Legislature Approves SB 1146

                       Next Stop - Governor Gray Davis

    BETHESDA, Md., Aug. 31 The aftermarket has won another
major round in its fight for access to information and tools needed to service
and build parts for vehicles equipped with on-board diagnostic systems. SB
1146 has been approved by the California State Legislature, announced the
Automotive Parts Service Alliance (APSA).
    APSA, an alliance of the Automotive Warehouse Distributors Association
(AWDA) and the Automotive Aftermarket Industry Association (AAIA) is now
urging members and all aftermarket companies to write letters to California
Governor Gray Davis to sign SB 1146.
    "I congratulate the strong efforts by the state and national aftermarket
groups to ensure passage of this groundbreaking legislation," said Al Gaspar,
AAIA president and CEO.  "While we are extremely pleased with the action of
the state legislature, the industry has to pull together and focus our efforts
on the governor, who will decide whether to sign SB 1146 in the next 30 days."
    "Passage of SB 1146 is evidence of how the power and influence of a
coalition with strong aftermarket grassroots involvement can impact an issue
that is so vital to the future of our industry," said Gaspar.
    The bill, which passed by a 70 to 3 vote on Tuesday, August 29 in the
California Assembly, passed the Senate by a vote of 36 to 1 the very next day.
In June, following weeks of intense negotiation with the opposition by APSA
and the California Automotive Task Force, the California Transportation
Assembly unanimously passed the bill 17-0.

    Specifically, SB 1146 would provide:

    * Full access to all emissions related service information, enhanced
      diagnostic tools and reprogramming capabilities.
    * Disclosure of information which will assist aftermarket manufacturers
      build parts that work properly with OBDII systems.
    * Yearly reports by the California Air Resources Board and the Bureau of
      Consumer Affairs to the State Legislature regarding the availability of
      competitive parts and repairs for emissions related systems.
    * Ability of manufacturers to petition courts for trade secret protection,
      while still requiring disclosure if necessary to provide for competition
      in the aftermarket.
    * Prohibition against the use of any encryption or defeat devices that
      would prevent the installation of a non-original equipment part.